Post on 07-Nov-2021
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HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 11
OCEAN RECREATION AND COASTAL AREAS
PART 1
SMALL BOAT FACILITIES AND PROVISIONS GENERALLY
APPLICABLE TO ALL STATE NAVIGABLE WATERS
CHAPTER 232
SANITATION AND FIRE SAFETY
Historical note
Subchapter 1 Sanitation
§13-232-1 General statement; department of health
§13-232-2 Standard
§13-232-3 Garbage and other offensive matter
§13-232-4 Flies
§13-232-5 Rodents
§13-232-6 Littering land areas – prohibited
§13-232-7 Littering or polluting water - prohibited
§13-232-8 Marine toilets - restrictions
§13-232-9 Permits required – waste outlets
§13-232-10 Backflow prevention device required on
connections to water line – use of water
operated de-watering device prohibited
§§13-232-11 to 13-232-19 (Reserved)
Subchapter 2 Fire Safety and Vessel Equipment
Requirements
§13-232-20 General statement
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§13-232-21 Standard
§13-232-22 Appliances and electrical wiring
§13-232-23 Fire extinguishing equipment
§13-232-24 Fueling
§13-232-25 Smoking
§13-232-26 Dumping of combustibles
§13-232-27 Emergency exits
§13-232-28 Open fires
§13-232-29 Lifesaving equipment required
§13-232-30 Fire signal for vessels in small boat
harbors
§13-232-31 Welding, burning and other hot work;
permits
§§13-232-32 to 13-232-39 (Reserved)
Subchapter 3 Maintenance and Storage
§13-232-40 Standards
§13-232-41 Storage
§13-232-42 Special areas
§13-232-43 Construction or improvements of structures
§13-232-44 Gear lockers
§§13-232-45 to 13-232-49 (Reserved)
Subchapter 4 Conduct of the Public
§13-232-50 General statements
§13-232-51 Smoking
§13-232-52 Restricted areas
§13-232-53 Lost, abandoned, or mislaid articles
§13-232-54 Swimming
§13-232-55 Fishing
§13-232-56 Tampering with or damaging a vessel or
state property
§13-232-57 Dogs, cats or other domestic pets
§13-232-57.1 Feeding of colonies, strays, wildlife, or
feral animals prohibited
§13-232-57.2 Animal abandonment and creating or
contributing to colonies prohibited
§13-232-58 Sleeping or camping prohibited
§13-232-59 Assumption of risk
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§13-232-60 Serving, sale, and consumption of liquor
in state small boat harbors, and boat
launching facilities
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Historical note. This chapter is based on
sanitation, fire safety and vessel equipment
requirements, maintenance and storage, and conduct of
the public of small boat harbors rules, effective
November 5, 1981, and as amended thereafter, under the
jurisdiction of the Department of Transportation,
Harbors Division. The administrative jurisdiction for
recreational boating and related vessel activities was
transferred from the jurisdiction of the Department of
Transportation, Harbors Division to the Department of
Land and Natural Resources, Division of Boating and
Ocean Recreation, July 1, 1992, in accordance with Act
272, SLH 1991. [Eff 2/24/94]
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SUBCHAPTER 1
SANITATION
§13-232-1 General statement; department of
health. Nothing contained in this subchapter shall be
construed to limit the power and authority of the
department of health. In case of conflict between any
provision of this subchapter and any rule adopted by
the department of health, the stricter rule shall
control. [Eff 2/24/94] (Auth: HRS §§200-2, 200-3)
(Imp: HRS §§200-2, 200-3)
§13-232-2 Standard. All vessels and any
property or facility used at a small boat harbor shall
be kept at all times in a condition of reasonable
cleanliness and sanitation so as not to constitute a
common nuisance or potential danger to public health.
[Eff 2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS
§§200-2, 200-3)
§13-232-3 Garbage and other offensive matter.
No person shall have or keep on that person's vessel
any refuse, garbage, decaying matter, or any other
matter which gives off an offensive odor except when
the same is being disposed of as garbage and is kept
in a receptacle which shall be kept closed by a tight
fitting cover at all times except when being filled or
emptied. [Eff 2/24/94] (Auth: HRS §§200-2, 200-3)
(Imp: HRS §§200-2, 200-3)
§13-232-4 Flies. No person shall have or keep
on that person's vessel any article, substance, or
thing in which flies may breed, unless the same be
kept securely protected from flies. [Eff 2/24/94]
(Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
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§13-232-5 Rodents. No rubbish or waste of any
kind shall be placed, left, dumped, or permitted to
accumulate or remain on any vessel or in the vicinity
of the same, in such a way as to constitute a breeding
place for rodents. [Eff 2/24/94] (Auth: HRS §§200-2,
200-3) (Imp: HRS §§200-2, 200-3)
§13-232-6 Littering land areas – prohibited. No
person shall throw, place, leave, deposit, or abandon,
or cause or permit to be thrown, placed, left
deposited, or abandoned any litter within a small boat
harbor, except in receptacles designated by the
department for the disposal of such materials.
No person shall use refuse containers or other
refuse disposal facilities in a small boat harbor for
disposing of litter brought as such into the small
boat harbor except when the litter is generated during
and results from a vessel's voyage. Without limiting
the generality of the foregoing, "litter" as used in
this section means any and all types of debris and
substances, whether liquid or solid, and materials
such as garbage, refuse, rubbish, glass, cans,
bottles, paper, wrappings, fish or animal carcasses,
or any other nauseating or offensive matter or any
machinery, appliance or automobile, or parts thereof,
or any other substances which render small boat harbor
lands or facilities unsightly, noxious, or otherwise
unwholesome to the detriment of the public health and
welfare or the enjoyment of the small boat harbor for
recreational purposes. [Eff 2/24/94] (Auth: HRS
§§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
§13-232-7 Littering or polluting water –
prohibited. No person shall place, throw, deposit, or
discharge, or cause to be placed, thrown, deposited,
or discharged into the waters of a small boat harbor
any litter, sewage, or other gaseous, liquid, or solid
materials which render the water unsightly, noxious,
or otherwise unwholesome so as to be detrimental to
the public health and welfare or to the enjoyment of
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the water for recreational purposes. [Eff 2/24/94]
(Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
§13-232-8 Marine toilets – restrictions. (a) No
toilet on a vessel or contrivance shall be operated so
as to discharge any untreated sewage directly or
indirectly into the waters of a small boat harbor.
(b) No person on a vessel or contrivance
equipped with a toilet shall use, or permit the use of
that toilet on the waters of a small boat harbor
unless the toilet is equipped with facilities in good
operating condition that will adequately treat, hold,
incinerate, or otherwise handle sewage in a manner
that is capable of preventing water pollution. A
water pollution control device that is acceptable for
the purposes of this section is any device determined
by the director of the department of health to be
effective in arresting the possibility of pollution
from sewage passing into or through a toilet aboard a
vessel or contrivance.
(c) No person shall live on board a vessel or
contrivance in any small boat harbor unless it
contains one or more toilets equipped with water
pollution control devices in good operating condition
and of a type acceptable to the director of health;
provided that, the department may permit the operator
or other persons to live on board a vessel not
equipped with a toilet and acceptable water pollution
control device for a period not to exceed the period
described in sections 13-231-21 and 13-231-22 if:
(1) The vessel is from another state or a
country other than the United States and is
temporarily using the waters of this State
or if the vessel has a home port in the
State but is visiting another small boat
harbor;
(2) Adequate on-shore toilet facilities are
readily available, meaning within a walking
distance of not more than two hundred feet,
for use by the persons living on board; and
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(3) A toilet aboard the vessel is not used while
in the small boat harbor. [Eff 2/24/94; am
12/31/18] (Auth: HRS §§200-2, 200-3, 200-4)
(Imp: HRS §§200-2, 200-3, 200-4)
§13-232-9 Permits required – waste outlets.
Notwithstanding the issuance of a permit pursuant to
section 13-232-43, no person shall do any of the
following at a small boat harbor without first having
obtained a permit from the director of health:
(1) Discharge any wastes into the waters of a
small boat harbor so as to reduce the
quality of the water below the standards of
water quality adopted for such waters by
chapter 11-25, department of health, State
of Hawaii, which by reference are hereby
incorporated into these rules and made a
part hereof as though fully recited herein.
(2) Construct, install, modify, alter, or
operate any treatment works or part thereof
or any extension or addition thereto.
(3) Construct or use any new outlet for the
discharge of any wastes into the waters of a
small boat harbor. [Eff 2/24/94] (Auth: HRS
§§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
§13-232-10 Backflow prevention device required
on connections to water line – use of water operated
de-watering device prohibited. (a) No person shall
connect a vessel's water supply system to a small boat
harbor portable water supply system, unless an
approved backflow prevention device has been installed
at the hose bib or other point of connection.
(b) No person shall use any water-operated
siphon or other water operated de-watering device,
equipment, or mechanism connected to a small boat
harbor water supply system for the purpose of removing
water or any liquid from the bilges of a vessel,
provided such a device may be temporarily used when
necessary during an emergency to prevent a distressed
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vessel from sinking if an approved backflow prevention
device has been installed in accordance with
subsection (a). [Eff 2/24/94; am 12/31/18] (Auth: HRS
§§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200-
4)
§§13-232-11 to 13-232-19 (Reserved)
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SUBCHAPTER 2
FIRE SAFETY AND VESSEL EQUIPMENT REQUIREMENTS
§13-232-20 General statement. The provisions of
this subchapter are not intended to limit the powers
of any federal agency or the county fire department.
[Eff 2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS §§,
200-2, 200-3)
§13-232-21 Standard. All vessels and all state
property or facilities use at a small boat harbor
shall be used in such a manner and maintained in such
a condition as not to constitute a potential fire
hazard. The failure to conform to any statute, rule,
standard, or ordinance affecting fire safety may be
considered by the department in determining any
violation of this section. (Particular attention is
directed to the Hawaii state boating law, chapter 200,
Hawaii Revised Statutes and the state boating rules,
department of land and natural resources, State of
Hawaii. [Eff 2/24/94] (Auth: HRS §§200-2, 200-3)
(Imp: HRS §§200-2, 200-3)
§13-232-22 Appliances and electrical wiring.
All cooking or heating appliances or any other
machinery, equipment, utensil, or apparatus which is
used at a small boat harbor and could be the cause of
fire shall be so constructed, installed, wired,
situated, maintained, and used so as to meet the
standard set out in section 13-232-21; provided that,
the approval of any machinery, equipment, utensil, or
apparatus by the National Board of Fire Underwriters
may be considered by the department in determining
compliance with this section. [Eff 2/24/94] (Auth:
HRS §§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
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§13-232-23 Fire extinguishing equipment. All
vessels on the waters of a small boat harbor shall be
equipped with fire extinguishers approved by
Underwriters Laboratories, Inc. or the United States
Coast Guard, and as prescribed in chapter 13-243,
Hawaii Administrative Rules. In addition a vessel
shall also be equipped with at least one hand portable
B-1 or larger fire extinguisher per each twenty-five
feet or fraction thereof of vessel length before any
person shall be issued a permit authorizing the use of
the vessel as a place of principal habitation or
vacation site. The fire extinguishers shall be
readily accessible and maintained in good and
serviceable condition for immediate and effective use
at all times. [Eff 2/24/94] (Auth: HRS §§200-2, 200-
3) (Imp: HRS §§200-2, 200-3)
§13-232-24 Fueling. (a) The fueling of vessels
at a small boat harbor where a marine fueling station
has been established, shall be accomplished only at
that station.
(b) Prior to fueling a vessel at a small boat
harbor, the operator shall:
(1) Securely moor the vessel;
(2) Step all engines, motors, fans, and devices
liable to produce sparks;
(3) Extinguish all fires; and
(4) Close all ports, windows, doors, and
hatches.
(c) Persons fueling a vessel at a small boat
harbor shall:
(1) Refrain from smoking, striking matches, or
throwing switches; and
(2) Keep nozzle of hose, or can, in continuous
contact with fuel opening to guard against
static sparks.
(d) After fueling is completed, the following
actions shall be taken:
(1) Close fill openings;
(2) Wipe up all spilled fuel;
(3) Open all ports, windows, doors, and hatches;
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(4) Permit vessel to ventilate for at least five
minutes; and
(5) Check that there are no fuel fumes in the
bilges or below deck spaces before starting
machinery or lighting fires. [Eff 2/24/94]
(Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-
2, 200-3)
§13-232-25 Smoking. Smoking shall be prohibited
at a small boat harbor when so prescribed by signs,
and regardless of the department's failure to post
signs, no smoking or lighting of a match or any other
fire-creating device shall be permitted within fifty
feet of any fueling operation. [Eff 2/24/94] (Auth:
HRS §§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
§13-232-26 Dumping of combustibles. (a) No
person shall dump, discharge, or pump oil, spirits,
gasoline, distillate, any petroleum product, or any
other flammable material into the waters of a small
boat harbor or designated offshore mooring area.
(b) Any vessel equipped with an inboard motor
which is moored in a small boat harbor or designated
offshore mooring area shall maintain an oil absorbent
pad in the bilge to separate petroleum products from
bilge water. This requirement shall be included as an
inspection item for the initial or annual vessel
inspection that is a prerequisite for obtaining a
regular mooring permit as prescribed by section 13-
231-45. [Eff 2/24/94] (Auth: HRS §§200-2, 200-3, 200-
4) (Imp: HRS §§200-2, 200-3, 200-4)
§13-232-27 Emergency exits. Each vessel shall
be provided with adequate exits to afford sufficient
paths of escape in case of emergencies. The number
and location of such exits shall be commensurate with
the size, type, and make of each vessel. [Eff
2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2,
200-3)
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§13-232-28 Open fires. Charcoal grills and
similar open fire cooking devices shall, while
lighted, be attended at all times. [Eff 2/24/94]
(Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
§13-232-29 Lifesaving equipment required. Any
vessel utilizing the waters of a small boat harbor
shall be equipped with approved lifesaving devices as
prescribed in chapter 13-243, Hawaii Administrative
Rules. The lifesaving equipment shall at all times be
kept in good and serviceable condition for immediate
and effective use and shall be so placed as to be
readily accessible provided, that if any person is
living aboard any vessel or contrivance, it shall be
equipped with at least an approved type life
preserver, ring life buoy, buoyant vest, special
purpose water safety buoyant device, or buoyant
cushion for each adult person on board. If there are
any children living aboard, approved life preservers
suitable for children shall be provided for each child
living aboard. [Eff 2/24/94] (Auth: HRS §§200-2, 200-
3) (Imp: HRS §§200-2, 200-3)
§13-232-30 Fire signal for vessels in small boat
harbors. Five prolonged blasts, each from four to six
seconds in duration, on a vessel's whistle, horn, or
other sound producing device indicates:
(1) A fire on board a vessel not underway; or
(2) A fire at any facility to which the vessel
may be moored.
This fire signal shall not be used for other purposes
in any small boat harbor. [Eff 2/24/94; am 12/31/18]
(Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS §§200-2,
200-3, 200-4)
§13-232-31 Welding, burning and other hot work;
permits. Before any welding, burning or other hot
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work can be done in a state small boat harbor or on a
vessel moored thereto, the party intending to do the
work shall secure a permit from the harbor agent of
the small boat harbor where the work is to be done.
Applicants for permits to do hot work shall fill out
fully a prescribed form, after which the application
shall be presented to the harbor agent, who shall
issue the necessary permit. The party intending to do
the work shall also secure permits from any other
governmental agencies as required by law and notify
the county fire department of the intended work. [Eff
2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2,
200-3)
§§13-232-32 to 13-232-39 (Reserved)
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SUBCHAPTER 3
MAINTENANCE AND STORAGE
§13-232-40 Standards. (a) Each vessel shall be
examined by the department to determine that it is in
acceptable condition and operational before assignment
to a berth.
(b) Every vessel and all other personal property
and facilities at a small boat harbor shall be kept in
such a condition of repair, maintenance, neatness, and
orderliness so as not to constitute a common nuisance,
substantial danger to person or property, or
obstruction to proper public use and to be in
conformity with these rules, the Hawaii state boating
law, the rules of the department of health, and all
other applicable state and federal laws. [Eff
2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2,
200-3)
§13-232-41 Storage. No person shall store,
place, leave, deposit, or abandon any vessel,
structure, supplies, material, equipment, gear,
object, or substance on catwalks, piers, sidewalks,
roads, parking areas, or any other public area at a
small boat harbor, except vessels or objects may be
stored:
(1) In areas set aside by the department for
storage purposes; or
(2) Upon prior consent by the department. [Eff
2/24/94] (Auth: HRS §§200-2, 200-3) (Imp:
HRS §§200-2, 200-3)
§13-232-42 Special areas. The department may
designate areas to be used only for specific purposes
or operations, which shall be designated by signs.
[Eff 2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS
§§200-2, 200-3)
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§13-232-43 Construction or improvements of
structures. (a) No building structure, object, site
improvement, landscape treatment, or other facility of
any nature whatsoever shall be erected, constructed,
reconstructed, altered, moved, installed, or
demolished at a state boating facility or other
property under the jurisdiction of the division of
boating and ocean recreation except in accordance with
a department permit or as provided by a lease or right
of entry issued by the department. All improvements
made pursuant to this section, including those
improvements made prior to the effective date of these
rules, shall be constructed, maintained, operated, or
modified to comply with the Environmental Protection
Agency's final approved guidelines for best management
practices for marinas and recreational boating, i.e.,
the "National Management Measures Guidance to Control
Nonpoint Source Pollution from Marinas and
Recreational Boating. EPA, November 2001," or as
subsequently amended. The department may require
plans, specifications, and other pertinent data to
accompany or supplement any application.
(b) Upon completion, inspection, and acceptance
of any mooring facilities constructed by others under
the provision of this section, such facilities shall
become the property of the state, provided, however
that the State may grant preferential but not
exclusive use of the facility to the permittee for a
period that shall not exceed ten years. The permittee
shall maintain the mooring facility while the permit
remains in effect.
(c) The permittee shall, concurrently with the
execution of the permit, deliver to the state a
comprehensive general liability insurance policy or
policies, or a certificate of insurance in lieu
thereof, evidencing that such a policy has been issued
and is in force, with minimum limits of not less than
$300,000 for bodily injury to one person and $500,000
for bodily injury to more than one person per
occurrence and $100,000 for damage to property per
occurrence. The specification of limits contained
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herein shall not be construed in any way to be a
limitation of the liability of the permittee for any
injury or damage. Such insurance shall:
(1) Be issued by an insurance company or surety
company authorized to do business in the
State of Hawaii or approved in writing by
the department;
(2) Name the state of Hawaii as an additional
insured;
(3) Provide that the department of land and
natural resources shall be notified at least
thirty days prior to any termination,
cancellation, or material change in its
insurance coverage;
(4) Cover all injuries, losses, or damages
arising from, growing out of, or caused by
any acts or omissions of the permittee, its
Officers, agents, employees, invitees, or
licensees in connection with the permittee's
use or occupancy of the premises; and
(5) Be maintained and kept in effect at the
permittee's own expense throughout the life
of the permit.
(d) The permittee shall at all times with
respect to the premises use due care for public safety
and shall defend, hold harmless, and indemnify the
State, its officers, agents, and employees from and
against all claims, demands, or demands for damages,
including claims for property damage, personal injury,
or death:
(1) Arising on the premises, or by reason of any
fire or explosion thereon; or
(2) Arising from, growing out of, or caused by
any act or omission on the part of the
permittee, its officers, members, agents,
employees, invitees, or licensees, in
connection with the permittee's use or
occupancy of the premises. [Eff 2/24/94; am
4/22/04] (Auth: HRS §§200-2, 200-3, 200-12,
200-22, 200-24) (Imp: HRS §§200-2, 200-3,
200-12, 200-22, 200-24)
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§13-232-44 Gear lockers. No person shall
construct a gear locker at a small boat harbor without
prior written approval of the department as provided
in section 13-232-43. [Eff 2/24/94] (Auth: HRS §§200-
2, 200-3) (Imp: HRS §§200-2, 200-3)
§§13-232-45 to 13-232-49 (Reserved)
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SUBCHAPTER 4
CONDUCT OF THE PUBLIC
§13-232-50 General statements. All penal laws
of the State prescribed in the Hawaii Revised
Statutes, and in the rules properly promulgated
pursuant to provisions thereof, govern the conduct of
any person coming upon or remaining at a small boat
harbor. The following provisions of this part are
intended to facilitate effective management of state
property and facilities at a small boat harbor. [Eff
2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2,
200-3)
§13-232-51 Smoking. Smoking shall be prohibited
at a small boat harbor when so prescribed by signs,
and regardless of the department's failure to post
signs, no smoking or lighting of a match or any other
fire-creating device shall be permitted within fifty
feet of any fueling operation. [Eff 2/24/94] (Auth:
HRS §§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
§13-232-52 Restricted areas. Only authorized
persons may enter or remain upon restricted areas of a
small boat harbor set aside by the department and
designated by signs, buoys, or other markings. [Eff
2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2,
200-3)
§13-232-53 Lost, abandoned, or mislaid articles.
Any person finding lost, abandoned, or mislaid
articles at a small boat harbor shall report or turn
those articles over to the chief of police of the
county in which the articles are found. [Eff 2/24/94]
(Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
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§13-232-54 Swimming. No person shall swim at a
small boat harbor or boat launching facility or its
channels where such activity is prohibited by signs,
buoys, or other markers posted by the department. No
person shall dive from docks, piers or other
constructed facilities into a small boat harbor, boat
launching facility, or its channels. [Eff 2/24/94]
(Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2, 200-3)
§13-232-55 Fishing. (a) No person shall fish at
a small boat harbor, boat launching facility, or
channels thereto by pole where that activity is
prohibited by signs, buoys, or other markers posted by
the department. Spearfishing and trolling from moving
vessels is prohibited in small boat harbors, boat
launching facilities, designated offshore mooring
areas or channels. No person shall use any throw net,
or draw, drag, seine, or any other type of net except
crab net or hand-held dip net, except at locations
designated by rules of the department of land and
natural resources.
(b) A person with a bait fishing license issued
by the department of land and natural resources may
use nets to:
(1) Take young mullet or pua (Mugil cephalus)
for the purpose of stocking their pond; or
(2) Take nehu, iao, or other bait fishes for
which an open season has been declared for
bait purposes only. [Eff 2/24/94] (Auth:
HRS §§200-2, 200-3, 200-4) (Imp: HRS §§200-
2, 200-3, 200-4)
§13-232-56 Tampering with or damaging a vessel
or state property. No person shall wilfully and
maliciously destroy, injure, deface, disturb, or
tamper with any state property, facility, or property
belonging to another, including but not limited to,
any vessel, signs, buoys, floats, notices, buildings,
lawn, or any other property, real or personal. [Eff
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2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2,
200-3)
§13-232-57 Dogs, cats or other domestic pets.
(a) As used in this section, unless the context
otherwise indicates:
"Pet owner" means any person owning, harboring or
keeping a dog, cat, or other domestic pet, or having
custody thereof. "Stray" means any dog, cat, or other
animal without a microchip or other registered owner-
identifier or is living or roaming off its owner's
property without permission to be on other public or
private property. Strays may also be feral or
abandoned.
(b) This section shall not apply to:
(1) Service animals as defined in the Title II
of the Americans with Disabilities Act (ADA)
as adopted by the United States Department
of Justice;
(2) Dogs trained and used by a law enforcement
agency in law enforcement activities while
the dogs are engaged in the performance of
such work; or
(3) An obedience trial, where tracking and show
dogs are accompanied by their owners and are
being trained or in competition, provided
permission is first obtained from the
department for such use.
(c) No person shall introduce or keep a dog aged
three months or older in a small boat harbor unless
the dog is licensed as prescribed in chapter 143,
Hawaii Revised Statutes. Officers and employees of
the department, and every other person authorized by
law may seize any unlicensed dog found at large within
a small boat harbor, and confine and dispose of the
dog as provided in chapter 143, Hawaii Revised
Statutes. A dog, cat, or other domestic pet is
considered at large when:
(1) On a vessel not the property of the pet
owner, without consent of the vessel owner;
or
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(2) In any public place within a small boat
harbor, except when under control of the pet
owner by leash, cord, chain, or other
similar means of physical restraint,
provided that such leash, cord, chain, or
other means is not more than eight feet in
length.
(d) No pet owner shall permit the owner's dog,
cat, or other domestic pet to become a stray.
Effective January 1, 2019, any dog, cat, or other
domestic pet, while being a stray within a small boat
harbor, may be seized by officers and employees of the
department, or by any other person authorized by law,
and shall be disposed of as provided in section 183D-
65, Hawaii Revised Statutes.
(e) No pet owner shall permit the owner's pet to
excrete any solid waste in any public place or on any
premises in a small boat harbor not the property of
the pet's owner, provided no violation of this
subsection shall occur if the owner promptly and
voluntarily removes the animal waste.
(f) No person shall introduce or keep any
animals except for birds, fish, or other common
domestic pets within the confines of a small boat
harbor.
(g) In any event no person shall introduce or
keep a dog, cat, or other domestic pet at any small
boat harbor where dogs, cats, or other domestic pets
are prohibited by a sign or other marker posted by the
department. [Eff 2/24/94; am 12/31/18] (Auth: HRS
§§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200-
4)
§13-232-57.1 Feeding of colonies, strays,
wildlife, or feral animals prohibited. (a) While on
any property under the jurisdiction of the division,
no person shall feed or deliberately introduce any
food material, substance, or attractant directly to,
or in the vicinity of, any colony, stray, wildlife, or
feral animal except as authorized by the department or
the department's authorized representative.
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(b) Animals include, but are not limited to
birds, cats, chickens, deer, dogs, eels, fish,
mongooses, pigs, rodents, seals, sharks, and turtles.
(c) Nothing in this section prohibits the use of
bait or chum to attract fish for fishing or harvesting
purposes. [Eff 12/31/18] (Auth: HRS §§200-2, 200-3,
200-4) (Imp: HRS §§200-2, 200-3, 200-4)
§13-232-57.2 Animal abandonment and creating or
contributing to colonies prohibited. (a) While on any
property under the jurisdiction of the division, no
person shall abandon an animal or create or contribute
to a colony.
(b)Violators shall be fined not less than $50 and
not more than $1,000 or sentenced to a term of
imprisonment of not more than thirty days, or both,
for each violation and shall also be subject to
penalties in accordance with section 143-2.6, Hawaii
Revised Statutes. [Eff 12/31/18] (Auth: HRS §§200-2,
200-3, 200-4, 200-24, 200-25) (Imp: HRS §§200-2, 200-
3, 200-4, 200-24, 200-25)
§13-232-58 Sleeping or camping prohibited.
Sleeping or camping or both in any state facility or
property under the jurisdiction of the division is
prohibited except on board a vessel moored in a small
boat harbor with the proper authorization of the
department. [Eff 2/24/94; am 12/31/18] (Auth: HRS
§§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200-
4)
§13-232-59 Assumption of risk. Any person
visiting or using a small boat harbor or facility or
offshore mooring area does so at the person's own
risk. The department does not assume any
responsibility for loss of or damage to property or
for injury to or death of persons within a small boat
harbor or facility or offshore mooring area and any
person visiting or using a small boat harbor or
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facility or offshore mooring area does so at the
person's own risk. [Eff 2/24/94] (Auth: HRS §§200-2,
200-3) (Imp: HRS §§200-2, 200-3)
§13-232-60 Serving, sale, and consumption of
liquor in state small boat harbors, and boat launching
facilities. (a) It is declared to be the intent of
the department to prohibit the open and unrestricted
use or consumption of liquor on or within state small
boat harbors and boat launching facilities. For the
purpose of this section., "liquor" or "intoxicating
liquor" shall mean the same as defined in section 281-
1, Hawaii Revised Statutes.
(b) No person shall possess, other than in a
container in the manufacturer's sealed condition,
intoxicating liquor on any street or sidewalk, or in
any public off-street parking area or any building
located thereon within a state small boat harbor or
state boat launching facility.
(c) The prohibitions contained in subsection (b)
shall not apply to:
(1) Possession, use, or consumption of
intoxicating liquor on board a vessel with a
valid mooring permit;
(2) Intoxicating liquor procured from a vendor
dispensing intoxicating liquor pursuant to a
permit or license issued by the department
when the intoxicating liquor is possessed or
consumed in a manner and in a place
consistent with the terms and conditions of
such permit or license;
(3) The consumption or possession of an
intoxicating liquor in a motor vehicle upon
any public street, road, or highway; or
(4) The possession of a container of wine
authorized to be removed from liquor-
licensed premises pursuant to section 281-
31(q), Hawaii Revised Statutes, provided
that the container has been corked or
resealed.
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(d) Subject to the provisions of chapter 281,
Hawaii Revised Statutes, as amended, and if the sale
and consumption of intoxicating liquor is permitted by
a disposition or agreement with the department, the
prohibitions contained in subsection (b) shall not
apply within the licensed premises (as described in a
liquor license) of concessionaires or licensees of the
department.
(e) The penalties provided in this section are
criminal penalties and the section shall be enforced
by the Division of Conservation and Resources
Enforcement (DOCARE), the county police department,
and any other authorized entity as provided by law.
(1) A DOCARE officer or police officer may
arrest an alleged violator of any provision
of this section or may issue a citation in
lieu of arrest as provided in section 803-6,
Hawaii Revised Statutes.
(2) Penalty. Any person convicted of a
violation of any provision of this article
shall be punished by a fine of not more than
$1,000 or by imprisonment for not more than
thirty days, or both fine and imprisonment.
[Eff 2/24/94; am 12/31/18] (Auth: HRS §§200-
2, 200-3, 200-4, 200-24, 200-25) (Imp: HRS
§§200-2, 200-3, 200-4, 200-24, 200-25)